A federal appeals court has lifted the gag order that had been imposed by a lower court in the criminal trial of West Virginia coal baron Don Blankenship.

The appellate court's unsigned order [PDF] on Thursday was issued in response to a suit filed by a number of media outlets, including AP, the Wall Street Journal and the Charleston Gazette, challenging the gag order by U.S. District Court Judge Irene C. Berger. That order, issued last November, had also sealed all documents in the indictment of the former Massey Energy CEO, who faces four criminal counts related to the massive April 2010 explosion at the company's Upper Big Branch (UBB) mine in West Virginia, resulting in the deaths of 29 miners.

Finding that the U.S. District Court had been "sincere and forthright" in its "proactive effort to ensure to the maximum extent possible that Blankenship’s right to a fair trial before an impartial jury will be protected", the 4th U.S. Circuit Court of Appeals nonetheless determined that "The public enjoys a qualified right of access to criminal trials"...

PLUS: A flashback to my interview with then 25-year old paralyzed Iraq War veteran turned anti-war activist Tomas Young at "Camp Casey" in Crawford, TX in August of 2005. It was Young's first national interview proceeding his story being told on CBS 60 Minutes in 2006 and in Phil Donahue and Ellen Spiro's documentary Body of War in 2007. During the interview, Young (who had driven 13 hours from Kansas City on his honeymoon, despite unceasing pain) describes the tragic story of how he was wounded during a rescue mission in an unarmored truck in Sadr City; how and when he turned against Bush's war; we joke about BBQ in Missouri and more; and then hatch a (successful) plot to bring his story to national attention.

It's been happening for years now. On the day after elections like last Tuesday's, media figures begin navel gazing to figure out how pre-election polls, created by dozens of independent pollsters using dozens of different methodologies, could all find the same thing but turn out to be so wrong once the election results are in.

The presumption is that the results are always right, and if they don't match the pre-election polling, its the polling that must be wrong, as opposed to the election results.

His analysis of aggregated averages from dozens of different pollsters and polls this year found that the performance of Democrats was overestimated by approximately 4 percentage points in Senate races and 3.4 points in gubernatorial contests. Silver's assessment relies on a "simple average of all polls released in the final three weeks of the campaign," as compared to the (unofficial and almost entirely unverified) election results reported on Tuesday night. He doesn't suggest there was anything nefarious in the polling bias towards Dems this year, simply that the pollsters got it wrong for a number of speculative reasons.

Citing the fact that nearly all of the polls suggested Democrats would do much better than they ultimately did, when compared to the reported election results, Silver asserts it wasn't that the polls were more wrong that usual, per se, but that almost all of them were wrong in a way that appears to have overestimated Democratic performance on Election Day.

"This year's polls were not especially inaccurate," he explains. "Between gubernatorial and Senate races, the average poll missed the final result by an average of about 5 percentage points --- well in line with the recent average. The problem is that almost all of the misses were in the same direction."

Silver is much smarter than I when it comes to numbers; I'm happy to presume he has the basic math right. But he seems to have a blind spot in his presumption that the pre-election polls were wrong and the election results were right. That, despite the lack of verification of virtually any of the results from Tuesday night, despite myriad and widespread if almost completely ignored problems and failures at polls across the country that day, and despite systematic voter suppression and dirty tricks that almost certainly resulted in election results (verified or otherwise) that were skewed toward Republicans...

It was a very long night here last night (just scroll down the marquee at right to get an idea), and now I'm scrambling to try and make enough sense of things to coherently put together today's BradCast on KPFK/Pacifica Radio. Wish me luck.

So, for the moment, I just want to re-re-re-remind that, historically, many problems from Election Day and, more specifically, in the tabulation of results, don't come to light until the days (or even longer) after Election Day. I'm already getting buried with various tips about various problems that folks had voting yesterday and, perhaps more disturbingly, issues and failures at the polls themselves. Trying to look through as much as I can, confirm what I can, debunk what I can and/or and make sense of it for you as best as possible.

For now then, I'll just drop this fun paragraph from a poster at Slashdot, as it points to a few issues we've covered over the past 24 hours, as well as a few that we have not...

By our count, Virginia is now the 7th state to report touch-screen voting flipping in the 2014 election (though we may have missed a few in Pennsylvania and elsewhere).

During Early Voting, prior to today's mid-term, we've covered 100% unverifiable touch-screen votes reportedly flipping on screen in Texas (D to R), in Illinois (R to D), in Tennessee (NO to YES on anti-choice initiative), in Maryland (R to D) and in Arkansas (unclear which direction the votes were flipping in several different counties), and in North Carolina, where votes were said to be flipping from D to R in the crucial, neck-and-neck U.S. Senate race there.

Now, "Republicans and Democrats alike" are reporting votes flipping in a U.S. House race in Virginia Beach and Newport News, and one of the Republican candidates involved has supplied a video tape of the flipping votes cast on the town's Diebold AccuVote touch-screen systems...

IN TODAY'S RADIO REPORT:Coal wins Kentucky's U.S. Senate debate!; Pentagon warns climate change an immediate threat to national security; East Coast cities could see daily flooding from rising seas within 30 years; Wind power the cheapest source of energy; PLUS: It's official: September 2014 was the hottest September on record globally (Don't tell Fox 'News'!)... All that and more in today's Green News Report!

Although this will permit the 2014 elections to be run under the old maps, new maps must be in place by 2016 (assuming, of course, that this decision is not reversed on appeal). As Virginia currently has a Democratic governor, Gov. Terry McAuliffe will be able to veto any plan which is unfair to his fellow Democrats, while the GOP-controlled legislature will no doubt push for a map that serves Republican interests. Because the current maps favor Republicans so strongly, however, the likely result will be maps that are much more favorable to Democrats.

See the rest of Ian Millhiser's coverage for much more, including his calculus that new, appropriately drawn Congressional maps in VA will likely result in a Democratic pick-up of 2 to 3 seats in the U.S. House of Represenatives in 2016.

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Please help support The BRAD BLOG's fiercely independent, award-winning coverage of your electoral system --- now in our ELEVENTH YEAR! --- as available from no other media outlet in the nation...

Rather than hear appeals from cases in Utah, Indiana, Oklahoma, Virginia and Wisconsin where marriage equality bans were struck down, the U.S. Supreme Court shocked court watchers today by deciding to avoid the issue of marriage equality as a Constitutional right entirely for the time being. Effectively, that means the lower-court rulings stand in each of those states, so freedom, liberty and the conservative Constitutional value of equal justice for all wins the day in each of them.

Evan Wolfson, founder and president of Freedom to Marry, a national organization dedicated to the fight for equality in all fifty states, said after today's Supreme Court punt: "This decision by the Court is a huge step forward --- and a clear green light for full-speed ahead --- but it needlessly postpones the national resolution that together we've been working so hard for. Freedom to Marry is committed to finishing the job."

Couples in six other states where the Circuit Court of Appeals' decisions will likely also apply include Colorado, Kansas, North Carolina, South Carolina, West Virginia and Wyoming.

With the addition of those 11 states, the list of states where marriage equality for all will soon be recognized will jump to 30, continuing to beg the question of which state will disgrace the Union as the very last one to allow equality, in this measure, for all of its citizens.

Well, this is an interesting turn of events. It includes a bizarre twist that even we would not have foreseen, involving a Republican operative who is now threatening legal action against us for reporting (accurately) on his companies' relationship to voter registration fraud and deceptive voter registration practices during the 2012 election and in previous cycles.

The firm at the center of the RNC scandal was named Strategic Allied Consulting. It was created and run by Nathan Sproul, a notorious Arizona-based Republican operative with a checkered past, who ran Republican voter registration drives and other on-the-ground GOP activist campaigns. Sproul's name was not used in the legal filings which created Strategic Allied Consulting in advance of the 2012 election, due to his various companies facing voter registration fraud allegations and criminal investigations in a number of states going back as far as the 2004 Presidential election. Because of that unfairly tarnished background, Sproul claimed when the 2012 scandal first surfaced, the RNC didn't want his fingerprints on the operation. The RNC was dodgy about the issue, but fired Sproul and his firm in several states once the scandal came to light, despite having paid millions of dollars for the effort.

In the same series of articles, we also exposed the deceptive (and perhaps illegal) registration scheme employed by Sproul's firms in states where they operated. The scheme involved registration workers trained to pretend to be pollsters asking voters who they planned to support in the Presidential election. If they answered the question correctly (Romney) Sproul's workers would help them register to vote. If the unsuspecting citizen answered the "survey" question incorrectly (Obama), the workers would wish them a nice day, and then move on to the next target.

Now, a two-year Florida Department of Law Enforcement (FDLE) investigation has finally wrapped up into the 2012 allegations in that state. It has led to yet another arrest of one of Sproul's workers, found no evidence of conspiracy by the company in that state, confirmed The BRAD BLOG's reporting on their deceptive registration technique, and sent Sproul scurrying to threaten us via email (posted below) with a lawsuit...for something...

The political world exploded tonight with the stunning reported defeat of Republican House Majority Leader Eric Cantor to little-known "Tea Party" candidate Dave Brat.

Cantor's loss was so unexpected that Democrats didn't even bother to nominate anyone to run in Virginia's 7th Congressional District until last night, reportedly during a conference call, when they decided to put up a professor named Jack Trammell (from the same Randolph-Macon College where Brat works) as their nominee, just before today's deadline.

So, there's more than enough speculative analysis complete guess work out there for you elsewhere about what all of this portends, from the same political pundits and geniuses and well-sourced insiders who had no clue that Cantor was about to become famous as the first sitting House Majority Leader to lose in a primary race since either 1899 or...forever, depending on who you listen to.

But, pretty much just as soon as it appeared that Cantor was about to be announced the "loser" in a blowout of an election late today, questions started coming in to us, via Twitter and elsewhere, with concerns about the integrity of the reported results and if there could have been any chicanery behind them...

IN TODAY'S RADIO REPORT: Month of May starts off with a fossil fuel bang --- Oil train explodes in Virginia; Coal train spills in Maryland; Natural gas explodes in Florida; More natural gas explodes in Texas; PLUS: World's largest solar plant opens in Arizona, explosion and spill-free ... All that and more in today's Green News Report!

Yes, the very same voting systems that are so incredibly sensitive and vulnerable to tampering (and which have failed so often in so many states and in so many elections) that both election officials and Elections Systems & Software, Inc. (ES&S) have long attempted to keep them out of the hands of the public, can now be yours for just $499.99 or "Best Offer" via eBay! And that includes Free Shipping!

One of the nation's largest coal producers will pay a $27.5 million fine and is set to spend $200 million to reduce illegal toxic discharges into waterways across five Appalachian states.

The proposed settlement is the largest ever of its kind.

The Associated Press obtained details before the settlement involving Alpha Natural Resources Inc. was filed in court in West Virginia.

The government says the company and its subsidiaries violated water pollution limits in state-issued permits more than 6,000 times between 2006 and 2013.

The government says they discharged heavy metals harmful to fish and other wildlife directly into rivers and streams.

The companies agreed to take measures to reduce discharges from 79 active coal mines and 25 processing plants in Kentucky, West Virginia, Tennessee, Pennsylvania and Virginia.

In January of 2011, Alpha Natural Resources, then the third largest coal producer in the U.S., purchased Massey Energy Co. for $7.1 billion to become what Bloomberg News described as "the world’s third-largest metallurgical coal producer" and "the second-largest U.S. coal company by sales, with almost 14,000 employees."

The acquisition happened just months after the horrific April 5th, 2010 explosion at Massey's Upper Big Branch mine near Montcoal, West Virginia. 29 people were killed in the explosion, described as "the worst U.S. coal mining disaster in 40 years."

As coal and oil families mourned in WV and elsewhere, and as the country watched the unprecedented and unstoppable toxic discharge in the Gulf, it seems that Alpha was quietly poisoning rivers and streams in at least five states and fighting, along with fellow supporters of Big Fossil Fuel, to block the nation's transition to clean, renewable energy.

From US District Judge Arenda L. Wright Allen's ruling [PDF] yesterday, finding that Virginia's ban on same-sex marriage is unconstitutional under federal law (just as both Utah's and Oklahoma's bans were recently found)...

Almost one hundred and fifty four years ago, as Abraham Lincoln approached the cataclysmic rending of our nation over a struggle for other freedoms, a rending that would take his life and the lives of hundreds of thousands of others, he wrote these words: "It can not have failed to strike you that these men ask for just. . . the same thing---fairness, and fairness only. This, so far as in my power, they, and all others, shall have. "

The men and women, and the children too, whose voices join in noble harmony with Plaintiffs today, also ask for fairness, and fairness only. This, so far as it is in this Court's power, they and all others shall have.

While undoubtedly Virginia's law would have been found unconstitutional and overturned eventually anyway --- just like similar laws in all fifty states will be very shortly --- it arguably will have happened much faster there and (take note, conservatives) with much less cost to the taxpayers, thanks to the results of last November's elections. Yes, as we've been detailing for more than ten years now, elections really do matter.

The great Joe Romm of the even greater Climate Progress returns to discuss Obama's schizophrenic "All of the Above" climate policies offered in this week's State of the Union address, and as demonstrated in the year since Romm last joined us on the KPFK/Pacifica RadioBradCast just after the 2013 Inaugural address.

As a former acting Assistant Secretary of Energy during the Clinton Administration and founder of one of the most important climate blogs going, Romm offers helpful insight on the dangers of Obama's Jekyll/Hyde energy strategy, on the likelihood of the Keystone XL pipeline receiving final White House approval, on whether Obama truly "gets it", and on the tantalizingly cool new Years of Living Dangerously series begin in April on Showtime, on which he serves as Chief Science Editor.

P.S. If you use iTunes and would like to listen to The BradCast that way, you can now subscribe (for free) over there right here. And please feel free to leave us a good review there at the same time, if you are so inclined!